Seeking medical care happens 24/7. Whether you’re showing up for a scheduled doctor’s exam or need immediate help at an emergency room, when we seek medical care, we should be able to trust that our doctors, nurses, and hospitals will provide a standard of care that will not cause harm.
Unfortunately, medical errors happen more often than many people realize, and they can have devastating consequences. A medical mistake can lead to severe injuries, permanent disabilities, or even death. If a healthcare provider’s negligence caused harm, the patient or their family are entitled to seek a remedy for their losses.
A knowledgeable Chicago medical malpractice lawyer can help victims of medical malpractice hold responsible parties accountable and pursue the compensation they deserve.
Medical malpractice happens when a healthcare professional fails to meet the commonly accepted standard of medical care, resulting in harm to a patient. Not every bad outcome qualifies as malpractice. Unfortunately, there are diseases or the progression of an illness that no amount of care can cure. However, in those instances where negligent actions cause further harm, the law requires proof that those actions were the direct cause of an injury.
The standard of care refers to the level of competence that a reasonable medical professional with similar training would provide under similar circumstances. When a doctor, nurse, or hospital deviates from this standard, they may be held liable for the resulting harm.
Some of the most common examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, birth injuries, and anesthesia complications. In fact, the Agency for Healthcare Research and Quality reported on a study that surgical errors occurred in 1 out of 112,000 procedures.
Any incident of alleged medical malpractice requires a thorough review of the patient’s medical records, testimony by medical experts, and in-depth legal analysis to determine if malpractice occurred.
Medical malpractice takes many forms, and each has its own unique challenges in proving negligence.
One of the most common forms of malpractice happens when doctors fail to diagnose a condition correctly or makes a delayed diagnosis. Misdiagnosis can lead to incorrect treatments, worsening health conditions, or unnecessary procedures. For example, if a doctor misdiagnoses cancer as a minor infection, the patient may lose valuable time for early treatment.
Surgical mistakes can be life-threatening and may include issues like operating on the wrong part of the patient’s body, forgetting surgical instruments inside a patient, or performing an unnecessary or wrong procedure.
These errors often result from miscommunication, fatigue, or lack of proper protocols. While all surgeries carry risks, preventable mistakes can lead to further complications, prolonged recovery and in some instances, fatalities.
Incorrect dosages, wrong prescriptions, or failure to check for drug interactions can cause serious harm.
A patient may suffer an adverse reaction if a doctor prescribes a medication they are allergic to or if a pharmacist fills a prescription incorrectly. Medication errors often happen due to poor record-keeping or lack of communication between healthcare providers.
If a medical mistake harmed you or your newborn, we’ll investigate what went wrong and fight for funds for lifelong care. Start with a free case evaluation today.
A head injury can change everything. We pursue negligent drivers, companies, and providers to seek compensation for treatment, lost income, and long-term needs. Get a free case evaluation now.
Exposed to contaminated water at Camp Lejeune (1953–1987)? This page explains what happened and potential harms—note the firm is no longer taking these cases. Explore the details and see other options.
From fender-benders to serious crashes, we help you pursue the money you need for medical bills, repairs, and time off work. Don’t face insurers alone—request a free case evaluation.
Hurt on a jobsite? We’ll identify who’s responsible beyond workers’ comp and pursue the recovery you deserve for pain, lost wages, and medical costs. Talk to us for a free case evaluation.
When care goes wrong, you deserve answers and accountability. We review records, build strong claims, and pursue compensation for the harm you suffered. Schedule a free case evaluation.
Motorcyclists are vulnerable—and insurers know it. We fight for riders injured by careless drivers and push for full compensation for medical care and recovery. Request a free case evaluation.
If your premature baby developed NEC after cow’s milk-based formula, your family may have legal options. We’re representing families seeking justice and compensation—act now for a free case evaluation.
Attacked because a property lacked basic security? We investigate owners’ failures—lighting, locks, cameras, staffing—and pursue compensation for your injuries. Start with a free case evaluation.
If a loved one was neglected or harmed in a facility, we’ll help you hold the home accountable and pursue compensation. Take action today—get a free case evaluation.
Injured because someone else was careless? We’ll handle the legal fight so you can focus on healing and getting life back on track. Start with a free case evaluation.
Used a recalled Philips CPAP/BiPAP or ventilator? We help people harmed by defective devices pursue claims tied to the recall and alleged foam exposure. Get a free case evaluation.
Hurt on someone else’s property? We pinpoint unsafe conditions, prove negligence, and pursue damages for medical bills and lost time. Don’t wait—get a free case evaluation.
Defective products shouldn’t cost you your health. We pursue manufacturers and sellers when unsafe designs or warnings lead to injury. Find out if you have a claim—free case evaluation.
Survivors deserve support and accountability. We help you understand your rights and pursue civil action against abusers and enablers. When you’re ready, request a free case evaluation.
A fall can mean ER visits, missed work, and lasting pain. If poor maintenance or hazards caused your injury, we’ll help you pursue compensation. Get a free case evaluation today.
Benefits can be hard to win alone. If a condition keeps you from working, we’ll guide you through the SSA process and strengthen your claim. Start with a free case evaluation.
Spinal trauma can bring lifelong care needs and huge costs. We fight for compensation that reflects the full impact on your mobility, work, and future. Request a free case evaluation.
Crashes with semis are complex and high-stakes. We investigate drivers and trucking companies and pursue the recovery you need after serious injuries. Get a free case evaluation now.
Injured at work in Kentucky? We help Louisville workers fight delays, denials, and lowball benefits so you can get medical care and wage support. Request a free consultation.
When negligence takes a life, accountability matters. We help families pursue a wrongful death claim and seek financial stability during an impossible time. Start with a free case evaluation.
Medical negligence during childbirth can lead to lifelong complications for both the mother and child.
Oxygen deprivation, improper use of forceps, or failure to perform a necessary C-section can cause brain damage, cerebral palsy, or other serious conditions. Birth injuries often result in long-term medical needs and emotional distress for families.
Anesthesiologists also play a critical role in keeping patients safe during surgery. Administering too much or too little anesthesia can cause severe complications, including brain damage or even death. Failure to monitor vital signs or recognize warning signs of distress can also lead to malpractice claims.
Doctors are required to explain all risks and benefits of a procedure before obtaining a patient’s consent for surgery.
If a doctor performs a treatment without informing you of possible complications, you may have grounds for a malpractice case. Informed consent is critical in helping patients make educated decisions about their healthcare.
You have enough on your plate. Get a free case evaluation and clear answers from our experienced attorneys today — we’ll take it from here.
To pursue a medical malpractice claim, you (the injured party) must prove several key elements:
First, you’ll have to establish that a doctor-patient relationship existed. This means the provider had a professional duty to care for you as their patient. Receiving medical advice from a friend who happens to be a doctor doesn’t qualify for a malpractice case.
Next, you must demonstrate that the healthcare provider failed to meet the commonly accepted standard of care. This often requires expert testimony from other medical professionals who will need to explain how the provider’s actions deviated from what a competent doctor would have done.
You must also prove that the negligence directly caused their injury. If a doctor makes a mistake, but you didn’t suffer any harm, it’s probably not a valid claim. However, if the mistake led to a new or worsening health condition, additional surgeries, or permanent disability, you may have grounds for a lawsuit.
Finally, the patient must show damages, which may include medical expenses, lost income, pain and suffering, and costs associated with long-term care needs. These damages are to help compensate malpractice victims and their families for the physical, financial, and emotional toll they suffered.
Medical malpractice cases are often quite complex and will typically require extensive evidence.
Healthcare professionals and hospitals often have large teams of legal professionals to defend them against claims. This can make it difficult for victims to secure fair compensation without the help of an experienced attorney.
Another common challenge is proving that it was the provider’s negligence, rather than an underlying or preexisting condition, which caused the injury. Defense attorneys may try to argue that your condition would have worsened regardless of the doctor’s actions. Medical experts brought in by your lawyer can play a critical role in countering these arguments and proving how the provider’s mistake contributed to the harm.
Another challenge is dealing with Illinois’ medical malpractice laws. The state imposes a statute of limitations on malpractice claims, meaning victims must file a lawsuit within a certain timeframe. In most cases, you have two years from the date you discovered your injury to take legal action. However, some exceptions apply, particularly in cases involving minors or if there was a delayed diagnosis.
Illinois also requires an affidavit of merit, meaning a qualified medical professional must review your case and confirm any likely malpractice. This rule helps prevent frivolous lawsuits but also increases the need to have experienced legal guidance early on.
As a victim of medical malpractice, you could be entitled to various types of compensation.
Medical expenses such as hospitalization, surgeries, rehabilitation, and long-term care, often make up a significant financial loss, and a majority of the claim. Many victims also experience lost income if their injuries prevent them from returning to work.
“Pain and suffering” damages can financially compensate you for any physical pain and emotional distress you’ve experienced from the malpractice. If your case involves severe or permanent injuries, you should also seek damages for any loss of enjoyment of life or ongoing disabilities.
Navigating a medical malpractice case requires experience, knowledge of Illinois laws, and strong advocacy skills. A Chicago medical malpractice lawyer helps you and your family by investigating your case, gathering key medical records, consulting with experts, and negotiating a fair settlement with insurance companies.
Many malpractice cases are settled before ever going to trial, but if a fair settlement can’t be agreed on, your lawyer should be ready to represent you in court. They’ll present key evidence, cross-examine eyewitnesses, and argue on your behalf to get you the compensation you deserve.
Hiring a lawyer early in the process can help ensure that you meet all legal deadlines and avoid common pitfalls. Medical providers and their insurance companies will often try to minimize their own liability, which makes it crucial to have an attorney who’ll fight for your best interests.
At Thomas Law Offices, we believe that no one should have to suffer because of a healthcare provider’s negligence or malpractice. When medical mistakes cause patients harm, they have the right to seek justice and adequate financial support for their recovery.
Our Chicago medical malpractice lawyers will provide you with the guidance and legal representation you need to navigate the complexities of a malpractice claim. By taking legal action right away, you and your family can focus on healing while your attorney fights to secure the compensation you need and deserve.
Call us today for a free consultation, and let’s take the first step in getting you justice.
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